1.3 Rhythms of the Globe shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms and Conditions without notice or liability to you, but has no obligation to do so. Any changes to the Terms and Conditions shall be effective immediately following the posting of such changes. You agree to review the Terms and Conditions from time to time and agree that any subsequent use by you of the Services following changes to the Terms and Conditions shall constitute your acceptance of all such changes.
1.4THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES AND WEBSITE ARE AT YOUR SOLE RISK. RHYTHMS OF THE GLOBE RESERVES THE RIGHT TO DELETE UPLOADED CONTENT AND TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER RHYTHMS OF THE GLOBE DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS AND CONDITIONS.
2. Access to Website
2.1 Rhythms of the Globe makes no claims that the Website may be lawfully accessed in any specific location. Access to the Website may not be legal by certain persons or in certain states or certain countries or may require government authorization or registration. When you access the Website, you are solely responsible for compliance with the laws and regulations of your jurisdiction.
2.2 Any users accessing the Website or purchasing Services must be at least fourteen (14) years of age.
2.2.1 If users are under 13 years of age, then they much have the consent of a parent or guardian to use the Website.
2.2.2 By approving registration of users under the age of 13 years, any parent or legal guardian expressly consents to such use of the Website and agrees to be bound by these terms and conditions, including liability for the under 13 years of age student.
2.2.3 In order to remove your child’s information please contact the Company at the following email address: [email protected].
2.3 The Company adheres to the following COPPA tenants:
2.3.1 The Company will not require a child to disclose more information than is reasonably necessary to participate in an activity.
2.3.2 Parents can review their child’s personal information, direct the Company to delete it, and refuse to allow any further collection or use of the child’s information.
2.3.3 Parents can agree to the collection and use of their child’s information, but still NOT allow disclosure to third parties unless that such disclosure is part of the Company’s services.
2.3.4 Parents can review, delete, manage or refuse with whom their child’s information is shared through account settings on the website, through emailing Company’s support staff or contacting the Company directly.
2.3.6 Parents can give consent by signing a consent form and send it back to the Company via fax, mail, or electronic scan or contacting us directly.
3. Your Conduct
3.1 Rhythms of the Globe specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by Rhythms of the Globe.
3.2 You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) scraping or harvesting data.
3.3 Violations of system or network security or inappropriate conduct may result in civil or criminal liability. Rhythms of the Globe will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
4. User Information
4.1 You are solely responsible for the information you input or upload to the Website and warrant and represent you have the right and authorization to input or upload all such information. Rhythms of the Globe reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the Terms and Conditions, other Company policies, and applicable laws and regulations.
4.2 If you register on the Website or obtain information, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate and will be kept up-to-date.
5. Username and Password
5.1 You are responsible for maintaining the confidentiality of your username and password and are responsible for all uses of your username and password.
5.2 You are not authorized to share your username and password with any third party.
5.3 You agree to immediately notify Rhythms of the Globe of any unauthorized use of your username or password.
6. Use of Services
6.1 The Services are offered with the understanding that Rhythms of the Globe assumes no responsibility or liability whatsoever on the behalf of users. Any use of the Services is solely at your own risk.
6.2 Each user is solely responsible for deciding whether the Services are suitable for their own purposes and whether the Services match their needs. Rhythms of the Globe offers no express or implied guarantees or warranties regarding the benefits or effectiveness of the Services or that you will find the Services satisfactory, complete, of benefit, or suitable for your own circumstances.
6.3 Under no circumstances is Rhythms of the Globe providing advice or consultation. Users are encouraged to undertake independent research and/or seek appropriate professional advice as relates to their use of the Services.
7. User Submissions
7.1 Each user acknowledges and agrees that they are solely responsible for the form, content and accuracy of any information submitted to the Website and shall retain the ownership and copyright to such information.
8. User Comments and Suggestions
8.1 While Rhythms of the Globe values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
8.2 If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of Rhythms of the Globe in whole or in part. Rhythms of the Globe shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
8.3 No part of the submissions shall be subject to any obligation of confidence and Rhythms of the Globe shall not be liable for any use or disclosure.
9. Intellectual Property
9.1 “Rhythms of the Globe”, “Evolving Lifestyles for the 21st Century”, Cultural Correspondents”, “Global Beat”, “The Pulse of the Earth”, and “Music From Around the World” and any other trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of Rhythms of the Globe, and any unauthorized use of such trademarks and trade names is unlawful.
9.2 The Website (including without limitation all programs, complied binaries, interface layout, interface text, documentation, resources, and graphics) is the sole and exclusive property of Rhythms of the Globe and is protected by copyright, trademark, and other laws of the United States and other countries.
9.3 You may not sell or modify the Website content, or reproduce, display, publicly perform, distribute, or otherwise use the Website content or Services in any manner or for any purpose.
9.4 All content on the Website are the sole and exclusive property of Rhythms of the Globe and is protected by copyright, trademark, and other laws of the United States and other countries. No such Services may be copied, sold, distributed or in any other manner used by any third party with the written permission of Rhythms of the Globe.
10. Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright Infringement
10.1 If you believe that any copyrighted work is accessible on or through these Services in a way that constitutes copyright infringement, please notify Rhythms of the Globe by providing our designated copyright agent with the following information:
10.1.1 The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
10.1.2 A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
10.1.3 Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
10.1.4 Your name, address, telephone number, and e-mail address;
10.1.5 A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
10.1.6 A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
10.2 Upon receipt of notification of a Notice of copyright infringement, Rhythms of the Globe may remove or disable access to the alleged infringing material or terminate the alleged infringer’s access to its account. The alleged infringer may provide a written Counter Notification meeting the following criteria:
10.2.1 Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
10.2.2 A physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
10.2.3 Your name, address, telephone number, and e-mail address;
10.2.4 Consent to the jurisdiction of Federal District Court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, for any judicial district in which the alleged infringer may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person; and
10.2.5 A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
10.3 We have designated Laurence Singer as our agent to receive notices of claims of copyright infringement on our website. You can contact Laurence Singer through [email protected].
11. WARRANTY DISCLAIMERS
11.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, RHYTHMS OF THE GLOBE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, ACCURACY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE.
11.2 RHYTHMS OF THE GLOBE HAS NO FIDUCIARY OBLIGATIONS AND SHALL NOT BE RESPONSIBLE OR LIABLE, AND YOU AGREE NOT TO HOLD RHYTHMS OF THE GLOBE RESPONSIBLE OR LIABLE FOR SUCH OCCURRENCES AS THE WEBSITE NOT OPERATING ERROR-FREE OR OPERATING WITH COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, YOUR INABILITY TO USE THE WEBSITE, DELAYS OR DISRUPTIONS, DAMAGE TO YOUR EQUIPMENT OR DATA, YOUR RELIANCE ON THE COMMUNICATIONS, THE LOSS, INTERCEPTION OR ALTERATION OF ANY TRANSMISSIONS OVER THE INTERNET, OR THE LOSS OR INADVERTENT RELEASE OF THE COMMUNICATIONS, INFORMATION OR MATERIALS.
11.3 SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING DISCLAIMERS, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
12.1 IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, USERS UNDERSTAND AND AGREE THAT NEITHER RHYTHMS OF THE GLOBE NOR ITS SUBSIDIARIES, AFFILIATES, NOR THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FROM ANY ACTIONS RHYTHMS OF THE GLOBE TAKES OR FAILS TO TAKE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL THEIR ESSENTIAL PURPOSE.
12.2 THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL THEORY. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR INFORMATION, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO RHYTHMS OF THE GLOBE.
12.3 SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RHYTHMS OF THE GLOBE, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS OR AGENTS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES OR INFORMATION; (II) ANY INFORMATION YOU PROVIDE, (III) OR YOUR BREACH OF THE TERMS OF THIS TERMS AND CONDITIONS. RHYTHMS OF THE GLOBE SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND MAY ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. RHYTHMS OF THE GLOBE RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.
14. ADDITIONAL TERMS AND CONDITIONS
14.1 Nothing in these Terms and Conditions is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal/agent relationship between Users and Rhythms of the Globe.
14.2 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.3 Users irrevocably consent to the exclusive jurisdiction of the American Arbitration Association located in New York City in connection with any action arising out of or related to these Term and Conditions and waive any objection based on lack of personal jurisdiction, place of residence, improper venue forum non-convenience in any such action. The arbitration shall be conducted before a single arbitrator according to the Rules of the American Arbitration Association. The decision of the Arbitrator shall be binding on the parties and may be entered with any court having appropriate jurisdiction.
14.4 Users are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. Users represent and warrant they are not (1) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (2) on any of the U.S. government lists of restricted end users.
14.5 If any court having competent jurisdiction holds any provision of this Terms and Conditions invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Terms and Conditions shall continue in full force and effect.
14.6 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
14.7 Users consent to the use of electronic means to deliver any notices pursuant to these Terms and Conditions.
14.8 Users may not assign these Terms and Conditions or any of its rights or obligations hereunder.
14.9 This Agreement shall create rights and obligations only between Rhythms of the Globe and each individual user and does not create any rights for any other parties.
14.10 These Terms and Conditions constitute the entire agreement between and among users and Rhythms of the Globe pertaining to the subject matters hereof and supersede all negotiations and understandings.
Any questions about these Terms and Conditions may be directed to [email protected].